ESTATE OF SUMINATRA PRASAD HC WN CIV 2008-485-2177

ESTATE OF SUMINATRA PRASAD HC WN CIV 2008-485-2177

On the balance of probabilities the Court was satisfied that Sumintra Prasad had testamentary capacity at the time she executed the will on 11 August 2008, that she knew and approved its contents as explained in Hindi, and that she was not subjected to undue influence; accordingly probate was granted in respect of the 11 August 2008 will.

Citation
openlaw-eeec1cec_3d83_4c76_a2db_e03c01f5bba4.pdf
Parties
Deceased/testatrix: Sumintra Prasad; Executrix and Beneficiary: Meena Sahay; Caveator/son: Navendra Sahay (Navin)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 June 2012
Procedural Posture
Probate Application for Probate in Solemn Form / Hearing and Judgment (application Following Caveat)
Outcome
Probate granted in respect of the will dated 11 August 2008
Legal Topics
Testamentary Capacity, Knowledge and Approval of Will, Undue Influence, Powers of Attorney, Grant of Probate
Probate Succession Capacity Undue Influence Family Law Testamentary Capacity Knowledge and Approval of Will Powers of Attorney +1 more

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Parties

Sumintra Prasad

Deceased/testatrix

Meena Sahay

Executrix and Beneficiary

Navendra Sahay (Navin)

Caveator/son

Procedural Posture

Probate Application for Probate in Solemn Form / Hearing and Judgment (application Following Caveat)

Legal Issues

  1. 1 Whether the testatrix had testamentary capacity when executing the will
  2. 2 Whether the testatrix knew and approved the contents of the will
  3. 3 Whether the testatrix was subject to undue influence when making the will

Ratio Decidendi

On the balance of probabilities the Court was satisfied that Sumintra Prasad had testamentary capacity at the time she executed the will on 11 August 2008, that she knew and approved its contents as explained in Hindi, and that she was not subjected to undue influence; accordingly probate was granted in respect of the 11 August 2008 will.

Court Disposition

Probate granted in respect of the will dated 11 August 2008

Orders

  • Probate to be granted in respect of the will dated 11 August 2008
  • Parties to agree costs; if no agreement, each party may file submissions of no more than three pages within three weeks on costs